17Production by non-party

17 Production by non-party

17 Production by non-party

(1) Where the person named in a subpoena for production of any document or thing is not a party to the proceedings, the subpoena must, unless the Tribunal otherwise orders, permit the person to produce the document or thing to the Registrar not later than the day before the first date on which the persons’ attendance is required, instead of attending and producing the document or thing as required by the subpoena.

(2) Where a document or thing is produced to the Registrar pursuant to subrule (1), the Registrar must—

(a) give a receipt to the person producing the document or thing, and

(b) produce the document or thing as the nature of the case requires or as the Tribunal may direct.

(3) Where a document or thing is produced to the Registrar pursuant to subrule (1) and before the document or thing is tendered to the Tribunal the hearing of the proceedings is adjourned, other than to a date then fixed, the subpoena is no longer of any force or effect, and the Registrar is at liberty to return the document or thing to the person who produced it unless the claim is subject to the claims resolution process under the Dust Diseases Tribunal Regulations.

(4) Subrule (3) does not operate to prevent the issue of a further subpoena requiring the production of a document or thing returned by the Registrar under that subrule.

(5) This rule does not apply to so much of a subpoena as requires the person named to attend to testify in any proceedings.